I haven't seen a lot of coverage in the news about this, but my state has just advanced legislation on a bill that would criminalize trans bathroom use in publicly owned buildings. this could mean up to 6 months in jail and up to $1000 in fees for those convicted.
most alarming aspects of this bill:
-"publicly owned buildings" include airports, schools, libraries, government offices, some hospitals, and most terrifyingly AND explicitly within the bill, domestic violence shelters and rape crisis facilities. transgender people, who are estimated to be almost 4 times more likely to be victims of violent crimes than cisgender people, could become criminalized in the very spaces they seek out to shelter from abuse.
-the bill legally defines "sex" in a way that has a lot of potential impact across state legislature. according to the bill’s text, HB 257 would legally define a female as “an individual whose biological reproductive system is of the general type that functions in a way that could produce ova,” and a male as “an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female.” this could effectively end the state's legal recognition of trans people.
-the bill demands that trans people who DO use bathrooms in publicly owned buildings must have undergone both gender reassignment surgery and have had their birth certificate changed. this has several issues, obviously, but the biggest one I want to highlight is that this opens the door to potential genital inspection by law enforcement if someone is accused of being transgender in a bathroom. in addition to any other indignities suffered by being harassed by cops when trying to use the restroom, it is completely possible for law enforcement to now demand to see whether someone's genitals are in compliance with these laws. it's an unconscionable and humiliating invasion of privacy.
-the bill requires trans students to develop a "privacy plan" with their school in order to arrange access to unisex spaces. if unisex bathrooms are unavailable, the student can be granted access to a sex-designated space “through staggered scheduling or another policy provision that provides for temporary private access.”
-the bill allows the state’s attorney general to impose a fine of up to $10,000 per day on local governments that don’t enforce the bill. in essence, any government that isn't sufficiently committed to enforcing these draconian laws may face massive fines until they have reached the attorney general's standard of enforcement.
this is one of the most unbelievably severe anti-trans laws that have ever been proposed in the united states. it would effectively ban trans people from participating in public life, harm nearly every single victim of domestic violence and sexual assault who seeks services in the state, enforce criminality on random trans people in bathrooms, and open every single person who could be potentially accused of being trans up to a wave of harassment and discrimination from both private citizens and law enforcement. I'm not being hyperbolic when I say that this law would literally force me and my transfemme fiancee to flee this state.
the law's been fast tracked to an insane degree through the legislature. similarly to the anti-dei bill currently making its way through, it's only been a week since it was introduced, and it's already passed the house, and is now up for vote in the senate. if it passes both sets of votes, the only thing left in its way is the governor's decision to veto.
please share this post. make as much noise as you can. if you live in utah, please call and email your district senator as soon as possible. it doesn't matter how late you see this. the bill is up for vote this week (1/23/24 at the time of writing) and we need to do whatever we physically can to protest its passing. we've already moved past the opportunity for public comment on the bill, but a few organizations have called for a rally at the capitol steps on thursday (1/25/24) at noon. if you are in the salt lake area or are able to make it there, please consider attending. wear a mask and bring a sign. we are stronger together.
